LEASES WRITTEN VS. ORAL

Similar documents
Rhonda Ivey Lentini. dynamicdirections.com

JERSEY SHORE MULTIPLE LISTING SERVICE EXCLUSIVE AGENCY LISTING AGREEMENT

TENANT SELECTION PLAN Providence Elizabeth House 3201 SW Graham Street, Seattle WA Phone: TRS/TTY: 711

Providence Joseph House th Ave SW; Seattle WA Phone: TTY: (800) or 711 for Washington Relay

Why on Earth Would I Want to Be a Section 8 Landlord?

Spokane Housing Authority Tenant Selection Criteria

Fair Housing In Vermont

APARTMENT RENTAL APPLICATION Each co-resident and each occupant over 18 must submit a separate application. Spouses may submit a joint application.

FAIR HOUSING AND REASONABLE ACCOMMODATION

Fair Housing: A Closer Look. Jessica Schneider & Morgan P Davis Housing Action Illinois Conference, October 2nd, 2014

Providence House 5921 E. Burnside, Portland OR Phone: (503) Fax: (503) TTY Relay: 711

RESIDENT SELECTION PLAN

TENANT SELECTION PLAN

FAIR HOUSING PROGRAM

Resident Selection Criteria

HOUSEHOLD COMPOSITION:

Welcome Alvarez-Glasman & Colvin

SECTION X. IMPEDIMENTS AND SUGGESTED ACTIONS

Purchase Application For the Sale of a Cooperative Apartment

PLEASE READ AND FOLLOW THESE INSTRUCTIONS THE SITE MANAGER CAN ASSIST WITH ANY QUESTIONS CONCERNING YOUR APPLICATION TO THIS COMMUNITY

AN OWNER'S GUIDE TO THE APPLICATION PROCESS

LEASE. a) an apartment (the "apartment") located at: Apt. #,, CT. b) and the following furniture and appliances:

APPLICATION COVER LETTER

Fair Housing. Cedar Rapids Civil Rights Commission

CITY OF PITTSBURGH Department of Permits, Licenses and Inspections (PLI)

CHRISTOPHER HOMES OF ARKANSAS PRAC Properties

ORDINANCE NUMBER 1296 Page 2

PROPERTY MANAGEMENT AGENCY/SUBAGENCY DISCLOSURE

Riviera Family Apartments

Overview of this 3-Hour Mandatory Continuing Education Course for all Connecticut Real Estate Licensees

THE COLORADO RENTER S GUIDE

*Applicant Signature: Date:

Landlord Briefing for. The Housing Choice Voucher Program

PROJECT BASED RENTAL ASSISTANCE APPLICATION LAKE STREET APARTMENTS

(4) To refuse or restrict facilities, services, repairs or improvements for a tenant or lessee;

HUD RENTAL APPLICATION

Our Commitment to Fair Housing. Montgomery County, Pennsylvania

EMERGENCY TRANSFER PLAN FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING. Attachment: Certification form HUD-5382

Rental Application form

FAIR HOUSING ACTION PLAN TOWN OF WINDSOR

The work that provided the basis for this presentation was supported by funding under a grant with the U.S. Department of Housing and Urban

PM Leasing Residential Property

Application Procedure Checklist All documentation and checks must be given to the Long & Foster Listing Agent/PM

WAV CONDOMINIUMS, LLC RESIDENT SELECTION CRITERIA

Single Family Rental and Inspection Program Update. Code Compliance Services Office of Equity and Human Rights

As of June 14, 2017, the following Attachments will be available at IHDA s website:

Federally Subsidized Housing Tenant-Based

Bay Property Management Inc.

SUMMARY OF FAIR HOUSING AND OTHER NON-DISCRIMINATION LAWS

Fair Housing in Homeless Housing Programs. Detroit, Hamtramck and Highland Park, Michigan February 10, 2016

Housing Law Frequently Asked Questions For Tenants. Elizabeth Pisarski-Buchholz Staff Attorney Statewide Legal Services of CT, Inc.

Ingham County Housing Commission Mainstream Disabled Housing Choice Voucher (HCV) Program Application

University Parkway Apartments 500 University Parkway Yakima, WA Ph

Welcome to Silverside Management, LLC

Westlake Senior (62+) Apartments

Under the Federal Fair Housing Law The Seven Protected Classes include:

RPM HOUSTON. LEASING GUIDELINES and CHECKLIST

Affirmative Fair Marketing Procedures

GRIGGS FARM TENANT SELECTION POLICY

Housing Law Group November 19, Reasonable Accommodations for Tenants with Disabilities

RENTAL APPLICATION & SCREENING CRITERIA

Property Management. Tenant Application Instructions and Checklist

Property address: Target Move-In date: / / Resident: Cell Phone : ( ) - Social Security # : - - Date of Birth ; / /

Section 811 Project Rental Assistance Tenant Selection Plan

Spokane Housing Ventures Resident Screening Criteria

Hills & Homes Property Management Application to Rent or Lease DRE # PLEASE COMPLETE THIS FORM IN FULL.

How to Apply & Rental Application Information:

XLS. BROKER (Company) LICENSEE(S) SELLER. Does Seller have a Listing Contract with another Broker? Yes No If yes, explain:

HOUSING. Being a prepared renter

Spokane Housing Ventures Resident Screening Criteria

low income housing tax credit

A merican Proud Realty does business in accordance with the Federal Fair Housing Law and does not discriminate against

Fair Housing It s the Law

1st. Fill out and sign the APARTMENT RENTAL APPLICATION. Answer all questions. An Incomplete application will not be processed.

Fair Housing: Your Rights Under the Law

The Tangent Group, LLC. P.O. Box 2073 Lake Dallas, Texas (469)

How to Answer Your Eviction Case

RENTAL APPLICATION. 15 Agate #205 Las Vegas NV PROPERTY ADDRESS OTHER AGENT INFORMATION REFERRAL COMPANY MLS # AGENT: P.I.D#

Pike County Housing Authority. Emergency Transfer Plan for Victims of Domestic Violence, Dating. Violence, Sexual Assault, or Stalking

CARRIAGE HILLS APARTMENTS Application For Residency

HOW TO FILE AN ANSWER TO AN EVICTION LAWSUIT (UNLAWFUL DETAINER )

MODEL LEASE FOR SUBSIDIZED PROGRAMS

Iris Park Apartments Preliminary Application

Policies and Objectives CHAPTER 1 POLICIES AND OBJECTIVES

201 South Lakeline Blvd, Ste 804, Cedar Park, TX Office * Fax: Online Applicant Qualifying Criteria Page 1 of 6

LANDLORD / TENANT {RELATIONS}

Commercial Sublease Application

Lodger and sub-letting policy

Thank you for your interest in Lloyd Apartments! We look forward to your visit here. For your convenience, we have attached an Application to Lease.

Equal Opportunity Housing

Maine State Housing Authority Owner of Contract Unit****

AFFORDABLE HOUSING OPPORTUNITY SELECTION BY LOTTERY- STUDIO, 1 & 2 BEDROOM APARTMENTS

Rental Application RENTAL APPLICATION PROCEDURES

BP DUNES, LLC RESIDENTIAL RENTAL APPLICATION

Rental Policies and Procedures

Housekeeping Welcome and introductions HACSC Overview Overview of the PBV program Fair Market Rents (FMRs) Recent program changes HACSC subsidy

QUALIFYING GUIDELINES

FAIR HOUSING GUIDE for

Wire Fraud and Suspicious Communications Notice (This is a legally binding contract. If you do not understand it, seek legal advice.

East Village Growth Partners, LLC Tenant Selection Plan Effective 10/1/14

Transcription:

Rhonda Ivey-Lentini dynamicdirections.com LEASES WRITTEN VS. ORAL WRITTEN: Advantages Protects both Landlord & Tenant Outlines responsibilities Evidence for Housing Court Indicates who may occupy LEASES WRITTEN VS. ORAL WRITTEN: Disadvantages Both parties cannot just walk Rent cannot be increased 1

LEASES WRITTEN VS. ORAL ORAL: Advantages Both parties can just walk Rent can be increased Tenant can be replaced at will LEASES: WRITTEN VS. ORAL ORAL:DISADVANTAGES BOTH PARTIES CAN WALK RENT CAN BE INCREASED AT WILL TENANT CAN BE INCREASED AT WILL BOTH PARTIES RIGHTS ARE NOT EXPRESSED NO EVIDENCE TO ENFORCE DEFAULT The CLOAC Method Elements of a Valid Lease Capacity to Contract Legal Objectives Offer and Acceptance Consideration 2

Elements of a Valid Lease Capacity to Contract 1. Does a 18 year old have the legal capacity to sign a lease? 2. Does a disabled individual have the legal capacity to sign a lease? Elements of a Valid Lease Legal Objectives 1. Can a tenant sign a residential lease and then run a business on site? Elements of a Valid Lease Offer and Acceptance Items to Consider: Painting allowed Pets Smoking Security Deposit Sub-leasing Utilities Occupancy 3

Elements of a Valid Lease Consideration Can you charge a different amount of rent for three people vs. two people? Can you charge a different amount for a Section 8 recipient? SECTION 8 Understanding the Voucher System What does it cover? Is there a dollar ceiling? How are the funds transferred? Is there an expiration? What questions can the Landlord ask? Can the Landlord refuse Sec. 8? What will HUD require? Does the Landlord need a special lease? What Does Your Lease Say? Parties Property Address Terms Rent, Time and Manner of Pmt Use of Premises Condition of Premises Landlord Access Utilities 4

What Does Your Lease Say? Alterations Insurance Assignment and Sub-leasing Quiet Enjoyment Security Deposit Number of Occupants - health/safety Lease Modifications Special Conditions Pets Association Rules AGENT: LANDLORD REPRESENTATION VERIFY : CERTIFICATE OF OCCUPANCY ISSUED FOR UNIT COMPLAINTS FILED WITH HEALTH DEPARTMENT CHECK DEED FOR AUTHORIZING PARTIES INSPECTION OF UNIT FOR APPARENT MATERIAL DEFECTS PAPERWORK : RENTAL LISTING MOLD DISCLOSURE LEAD DISCLOSURE PRIOR TO 1978 OTHER ENVIRONMENTAL ISSUES AGENT: TENANT REPRESENTATION VERIFY : CERTIFICATE OF OCCUPANCY ISSUED FOR UNIT COMPLAINTS FILED WITH HEALTH DEPT INSPECTION OF UNIT FOR APPARENT MATERIAL DEFECTS PAPERWORK : REPRESENTATION AGRMT CURRENT CREDIT REPORT RENTAL APPLICATION LEASE AGRMT GENERATED BY LANDLORD REP MOLD DISCLOSURE LEAD DISCLOSURE PRIOR TO 1978 OTHER ENVIRONMENTAL ISSUES 5

LANDLORD: Tenant Selection: Credit and Work History References Income Verification www.amerusa.net video http://www.business.ftc.gov/documents/bus49-using-consumer-reports-what-landlords-need-know What is a consumer report? Contains: Credit Characteristics Character General Reputation Lifestyle FCRA rules- Prepared by a CRA ie Credit Bureau 6

Tenant Selection Landlords will utilize Credit report from Trans Union, Experian or Equifax Report from a tenant screening service - rental history previous landlords or housing court records What is an Adverse Action? Denying the application Requiring a co-signer Requiring a different deposit Raising the rent What is the Adverse Action Notice? Landlord provides: CRA s name, address and phone number Applicant disagreement must be filed within 60 days a. The landlord tells the applicant to go away b. The landlord may charge a premium c. The landlord must send an adverse action notice d. The landlord may charge more security a. The landlord must send an adverse action notice b. The landlord is not required to do anything c. The landlord based his decision solely on tenant reputation d. The landlord is now taking medication 7

Individual may sue for damages in Fed Court Court costs and legal fees Punitive damages LANDLORD: Tenant Selection: Protected Classes Race Religion Familial Status National Origin Marital Status Lawful Source of Income Physical Disability Learning Disability Mental Disability Color Sex Age Sexual Orientation Gender Identity Veterans video LANDLORD: Tenant Selection: Advertising Can the Landlord advertise for the following tenants? Single Female Non smoker No Pets No children Only married couples 8

LANDLORD: Tenant Selection: Exemptions: Can a Landlord who owns and occupies a property that is 4 units or less, choose a future tenant disregarding Federal and State protected classes? CT? LANDLORD: The Litmus Test Promote the convenience, safety or welfare of the tenants: equitably distribute services to all the tenants; or protect the property from abusive use Are related reasonably to the purpose for which they were adopted Apply to all tenants equally and fairly Are clear enough to be understood by the tenants Are made known to the tenant when he/she enters into the rental agreement or at the time a new rule or regulation is adopted 9

www.state.ct.us/dob/pages/renting.htm www.ctlandlord.com www.cses.com/rental/ct/connecticut.asp www.nolo.com www.rentlaw.com www.ctlawhelp.org www.ct.gov/chro 10